Here's Greenlight's response that a spokesperson sent to CNBC, Scott Wapner reports:

"If Apple thinks the lawsuit is a waste of resources, it could simply end the matter by complying with existing law and filing a new proxy that unbundles the proposed changes to the charter so that the shareholders can express their views on each matter separately."

Last week, Einhorn's Greenlight took aim at Apple's massive cash reserves it has on its balance sheet last week saying it has a "Depression era mentality."